the reality is a majority of states, like indiana, my state, and many, many others do not receive their fair share of the distribution of highway funds. this bill unfairly rewards a minority of states that have collected earmarks in the past that go to establishing this historical bench 345rbg -- benchmark from which the distributions are made. this amendment creates a new system by which everyone is treated equally and treated fairly. a system of winners and losers is not the way we ought to be forward with distributing funds that are paid by our taxpayers for building of roads and bridges. so let's address the current inequity in this bill and give each state its rightful share. i ask my colleagues for their support. mrs. boxer: mr. president. the presiding officer: the senator from california. could we please have order. mrs. boxer: mr. president, this is a killer amendment. our committee voted 18-0 on a bipartisan bill that set out the formulas in a very fair way. what did we do? we didn't want the jolt the states in the middle of a tough economic time so we kept that funding in pla